Procedural law - Pleadings, Hearings, Judgments

procedural law

Table of Contents

Introduction
Civil procedure
- Historical development
  - Roman law and the Islamic legal tradition
  - Medieval European law
  - English common law
  - Civil-law codifications
- Civil-law procedure and common-law procedure
  - The impact of the jury
  - Convergence of civil- and common-law procedure
- The framework for litigation
  - Constitutional bases of civil procedure
  - Jurisdiction, competence, and venue
  - Parties
  - Stages leading to trial or main hearing
  - The summons and the requirements of service
  - Provisional remedies
  - Pleadings
  - Appearance of defendant and plaintiff
  - The preparatory stage
    - Discovery procedures
    - Pretrial conference
- The trial or main hearing
  - The common-law trial: judge and jury
    - The order of trial
    - Rules of evidence
    - Directed verdicts
    - Instructions to the jury
    - Types of verdict
    - New trial and other relief
  - The civil-law main hearing
    - Types of proof proceedings
    - Rules of evidence
  - Judgment and execution
    - Drafting the judgment
    - Effects of the judgment
    - Enforcement of the judgment
    - Costs and disbursements
- Appeals and other methods of review
Criminal procedure
- Procedure before trial
  - The investigatory phase
    - The role of the police
    - The role of the magistrate
    - The role of the prosecutor
    - The role of the suspect
    - The role of defense counsel
    - Pretrial detention
  - The decision to prosecute
    - Private prosecution
    - Grand jury
    - Prosecutorial discretion
    - Plea bargaining
- Trial procedure
  - Criminal courts
  - Pretrial matters
  - Publicity of the trial
  - Presentation of evidence
  - Finding the verdict
  - Sentencing
- Postconviction procedure
  - Common law
  - Civil law

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Developed legal systems need some way to identify the main elements of the parties’ dispute: are they disagreeing about facts, about law, or about both? Existing legal systems use three methods to uncover the parties’ contentions: pleadings, judicially supervised investigation, and party-driven discovery. Pleadings are the formal written documents by which the parties set forth their contentions. Pleadings serve to give notice of the nature of the claim or defense, state the facts that each party believes to exist, narrow the number of issues that ultimately must be decided, provide a means to determine whether the party has a valid ...(100 of 15995 words)

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